If you are injured in an accident caused by another party driving a rental car, you may wonder who is responsible for your damages. While rental car accidents may be slightly more complicated, the same laws apply as in any other car accident.
The biggest challenge is determining fault and which insurance policy will cover your damages. An Oklahoma City rental car accident lawyer at Warhawk Legal can help you recover maximum compensation for your damages. Call (405) 397-1717 or visit our contact page and schedule a free consultation to discuss your OKC car accident claim.
Who Is Liable In an Oklahoma City Rental Car Accident?
Liability depends on the cause of your accident. Our attorneys thoroughly investigate every accident to identify all potential causes and liable parties, thereby helping to maximize your recovery.
Some potentially liable parties include the driver, the rental car agency, the manufacturer of defective equipment or products that contributed to the accident, or a government agency responsible for maintaining and designing roads.
Most car accident cases are based on negligence. To be successful in a negligence case, you must prove that:
- The defendant owed you a duty of care.
- The defendant breached their duty of care.
- The defendant’s breach of duty caused your accident and injury.
- You suffered actual damages because the defendant breached their duty.
At Warhawk Legal, we have the experience, skills, and resources to help establish all necessary elements of negligence and to help you recover the full and fair compensation you deserve.
Who Will Pay My Damages In an Oklahoma City Rental Car Accident?
Who will pay your damages depends on the liability insurance policy that provides coverage and the existence of other assets that may be used to compensate you.
In most rental car accidents, the driver’s insurance will likely provide coverage. If the rental car customer purchased coverage through the rental agency, that policy may pay for your damages.
If the at-fault driver does not have insurance coverage, or they do not have sufficient coverage for your damages, you may be able to recover from your insurance company if you have purchased uninsured/underinsured motorist coverage.
Can I Sue a Rental Car Agency For My Damages?
No, you generally cannot sue the rental car agency for the driver’s negligence. However, if you can prove that the rental car agency was liable because they rented the car to an unqualified driver or their negligence in maintaining the vehicle contributed to the accident, you may be able to bring a claim against them.
What If I Am Partially Responsible In an Oklahoma City Rental Car Accident?
Oklahoma follows a modified contributory negligence model, whereby you may still recover compensation for your damages if you are no more than 50% at fault. If you are more than 50% at fault, you will be barred from recovering any compensation.
Of course, your compensation will be reduced by the percentage of fault assigned to you. For example, if you are found to be 20% at fault and your damages total $100,000, you could still recover $80,000 after deducting your percentage of fault.
At Warhawk Legal, we work diligently to avoid or minimize having any fault assigned to you and to maximize your compensation.
Contact Warhawk Legal Today
If you have been injured in an accident involving a rental car, you need the help of an experienced Oklahoma City rental car accident lawyer from Warhawk Legal. We can determine what insurance policies may provide coverage for your damages and help you recover maximum compensation.
Call (405) 294-1243 or complete the short form on our contact page and schedule a free consultation to discuss your rental car accident claim.